Redcoat Citizens

The town where I live is infused with early American history.  It is reputed to be the spot where the first protest against the Stamp Act occurred, Francis Scott Key (for whom the local baseball team and a shopping mall are named) practiced law, along with his much less esteemed cousin Roger Taney, and is buried here, etc.,etc..  One of the more interesting spots though is a set of buildings, now on the campus of the Maryland School for the Deaf, where Lewis and Clark provisioned for their expedition, back when it was an army depot.  But the buildings get their name, The Hessian Barracks, from their first use, as a prison camp for the Hessian soldiers captured at the Battle of Trenton during the American Revolution.  Those Hessians liked the town so much, and the town liked them, that after the revolution, a third of them preferred to settle permanently here; a substantial part of the old families in town trace their ancestry in part to those Hessians.

They weren’t quite as welcome elsewhere.  Political scientist Elisabeth Cohen, writing in the Washington Post, reports that in 1805, the Supreme Court heard the first challenges to the citizenship of those who had fought on the English side in the Revolution; the Court wisely ruled that even fighting on the wrong side during the Revolution was not an impediment to U.S. citizenship.  Cohen writes that the principle established by the Court was that only three things should matter for citizenship – a reasonable period of residence, a decent knowledge of the workings of American democracy, and a good moral character.  There were not even those restrictions on residence.  Records of entry into the country were not even kept until 1820.  More than one of our early American ancestors was running from the law of the place they came from on their entry into the U.S.  Our founding fathers believed, and explicitly stated, in Congress and elsewhere, that the best qualification for American citizenship was the experience of living here.  Country of origin, life before entry or reasons for coming did not matter.  Agricultural workers, younger sons of nobility, fleers from the German draft and poor house residents were the stuff our country was made of. 

Back then, reasonable residence was defined as five years; when, in a fit of xenophobia, the Congress raised the residence requirement to 14 years, President Jefferson protested so strongly that Congress reversed itself.  Jefferson was equally indignant at the idea of long term residence without the prospect of citizenship.  He wrote that that such a residence without a reasonable prospect of citizenship created “semi-citizens” - an underclass of people, taxed but without representation, that was bound to lead to social turmoil and civil unrest.  In 1801, speaking to the opening session of congress, Jefferson painted such residence without citizenship as denying the asylum and “privileges” for which the founding fathers had fought.

It’s amazing how people pick and choose among Constitutional principles.  Social conservatives  swear allegiance daily to a strict interpretation of the Constitution based on the “original intent” of the founding fathers, then immediately go out and argue against a “path to citizenship” which the founding fathers cherished.  They call people “illegal aliens” when the founders would have repudiated the very idea of such “illegality” as contrary to the basic principles of the country.   The founding fathers’ principles were totally forgotten back in 1920 when national quotas were set for entry. Nowadays we get ever angrier about the presence in our country of those whom the founders would have recognized as kindred spirits and welcomed with open arms.  We seek immigration reforms the founders would have thought heinous, not because they go too far in easing restrictions, but because they are far from enough. Permanent worker visas are a major improvement over what we have, but they still create the kind of "semi-citizens" about which Jefferson warned.  We can do better.

We need to remember both our own country’s needs, for willing workers of all kinds and from everywhere, and to remember the reasons this country was built in the first place.  We build border walls when our founding fathers set out to create open doors.  We claim that all are created equal, then deny equality to millions of those who have lived and worked hard here for years.  Those Hessians, through living here, saw the blessings of liberty, and reached out to acquire them, and they were welcomed.  If we truly seek “the blessings of liberty for ourselves and our posterity”, we need to welcome their modern counterparts also.